Torrance Employment Lawyer

Torrance Employment Attorney

When issues at work begin to spiral out of control, employees can sometimes feel like they are left to deal with the fallout alone. However, they do not have to. Employment law exists to protect employees from any unlawful actions like wrongful (unlawful) termination or discrimination. A Torrance employment lawyer can step in and uphold these laws, standing with employees to fight for the compensation they deserve.

At Kramer Brown Hui LLP, we focus on representing employees who have been unlawfully mistreated at work. From wrongful (unlawful) termination cases to wage and hour violations, our experienced attorneys commit each and every day to holding all types of Torrance employers accountable for their actions. Whether your case ends up being resolved through a settlement or needs to advance to trial, we are committed to standing by your side to fight for your rights and ensure your voice is heard.

What Evidence Can Help Support My Employment Law Case?

Building a strong employment law case that will hold up in negotiations or court requires sufficient evidence proving that your claims are true. Regardless of what type of potential illegal behavior is at issue, your attorney can guide you on what steps are necessary to ensure everything is legally collected and admissible for use in your case. Some of the most important evidence to gather includes:

Written Communications

One of the most powerful forms of evidence to use in employment law cases is written communications. This is because written correspondence creates a person’s record of events, conversations, and decisions that were made. This can come in many different forms, such as emails, text messages, performance reviews, termination letters, and even a written warning.

For example, if your manager sends an email letting you know that your position has been eliminated, this record is important proof. The timestamp of this email can be compared to hiring records of another person that they brought on to fill the role, which can show that the employer did not actually remove the role but rather likely engaged in some form of discriminatory practice.

The same can be helpful in circumstances where you feel you have been retaliated against for reporting illegal behavior you noticed at work. For example, if you have received consistently positive performance reviews since you started at your job but then were suddenly terminated after reporting an instance of workplace harassment, such as gender discrimination or sexual harassment, all of the records surrounding these activities could help to highlight the retaliatory nature of the adverse action.

Company Policies and Handbooks

Reviewing all of the details in company policies and handbooks can provide attorneys with a clear framework of what an employer claims to uphold in their workplace. Anytime an employer fails to follow their own policies, it can serve as compelling evidence of an employer’s ulterior motive.

For example, most companies are required to include anti-discrimination and anti-harassment policies in their handbooks that require an investigation when allegations reported. If the company ignored you when sharing that you witnessed discriminatory behavior, comparing that behavior to what is stated in company policy can help prove that the employer had a motive to cover up unlawful conduct.

Additionally, company policies regarding wage and hour laws can also be useful in pay dispute cases. For example, if it is stated in the employee handbook that all employees must receive a meal and rest break after working for a certain number of hours, this can be compared to an email where a manager has denied your request for a break. This clear evidence can make it really difficult for your employer to challenge you when you are asking it to follow its own policies.

Witness Testimonies

Providing witness testimony can also be invaluable in an employment law case, especially when there is a lack of written communication to help make your point. Witnesses are useful in providing firsthand accounts of employment law violations, like discrimination, retaliation, and unfair treatment. For example, if your co-workers heard an offensive comment being directed at you, they can validate your claim that it happened.

In cases involving discrimination, a witness can also testify to observing a pattern of similar behavior by the employer. The more employees that stand up and validate that they also observed this happening, the more it demonstrates that this was not an isolated issue. For example, your co-workers could step up and testify how they see women being passed over for promotions in favor of men who are less qualified for the roles.

Personal Documentation

Your own records and notes can also be a significant source of evidence, especially when you are the individual who has been experiencing ongoing harassment or discrimination. Detailed personal documentation can help to establish a timeline of events and give specific examples of what happened. For example, if you are constantly the victim of inappropriate jokes, write down when and where each instance of this happened.

In wage and hour violation cases, personal records of your work hours and meal breaks are also important if your employer consistently denies you these rights. Having your own personal timesheets and notes can help to highlight discrepancies between what hours you worked and what you were paid. These records can include:

• Written schedules or calendars of your hours worked
• Pay stubs showing wage discrepancies
• Notes documenting every instance of a denied break or unpaid overtime

Medical records can also help support claims that the illegal behavior you suffered from at work caused emotional distress. If the unlawful actions caused you to deal with anxiety, depression, or other health issues, documenting these diagnoses and treatments can be critical to quantifying the damage that your employer caused.

Evidence of Comparators

Evidence of comparators is important in workplace discrimination cases. Comparators refer to employees who were treated differently than you were under similar circumstances. This can help to establish that adverse employment actions were based on unlawful discrimination or bias.

For example, if you were let go from your role for minor performance issues, but other employees of a different race or gender were granted the courtesy of warning letters to correct their behavior, this could demonstrate discriminatory treatment.

Comparators also play a significant role in wage and hour disputes. For example, if you have evidence that shows how male employees are paid more than female employees working in the same job positions, it can support a claim of unequal pay.

The Importance of Legal Support

Most employees do not have access to a company’s documented salary information, but if you are suspicious this is happening through conversations with your colleagues, requesting an investigation can give an attorney the authority to look through these documents and see if they can validate your suspicions.

FAQs

Q: Is It Worth It to File a Legal Claim Against Your Employer?

A: Yes, it can be worth it to file a legal claim against your employer if you have been a victim of unlawful treatment. Many employees question whether a single employee’s claims are enough to hold a large employer accountable. However, this is why laws like California’s Fair Employment and Housing Act exist to specifically help protect vulnerable employees from their employer’s actions.

Legal claims can also force employers to take accountability and implement change to protect employees in the future.

Q: Can I File a Claim Against My Employer for Stress and Anxiety in California?

A: You could file a claim against your employer for stress and anxiety in California if you can link the onset of your emotional distress to unlawful workplace conduct. For example, being a victim of harassment at work can lead to emotional harm. However, generally being stressed about tight deadlines or hard work is not illegal.

Understanding this distinction can help you better understand if you have grounds to file a claim against your employer for causing stress and anxiety.

Q: How Can I Prove Emotional Distress at Work?

A: If you are trying to prove the unlawfulness of any work-related emotional distress, you need to connect your emotional harm to some form of illegal activity by your employer. Ideally, medical records from a doctor or therapist will be able to show you have been diagnosed with a health condition. Evidence that shows your employer directly caused this health issue can be shown by events leadings up to the diagnosis that constitute illegal behavior, like ignoring a report of discrimination or harassment.

Q: What Qualifies as Wrongful (Unlawful) Termination in California?

A: Wrongful (unlawful) termination in Torrance, California happens when an employer fires an employee for reasons that violate state or federal employment laws. This includes all terminations that are based on protected characteristics like your race, gender, or disability. It can also include firing a person as an act of retaliation for engaging in a protected activity, like reporting that your employer has wrongfully denied you overtime pay.

Contact Kramer Brown Hui LLP Today

If you are suspicious that your employer is engaging in illegal behavior that is causing you to suffer, you do not have to face this battle alone. At Kramer Brown Hui LLP, we stand up for employees and their rights in California. Time matters in employment law cases, as different claims have different statutes of limitations, so contact us today to begin your case.

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• How Much Does an Employment Lawyer Cost in California?
• Know Your Rights: Disability Discrimination in the Workplace